A Denver Lawyer

FAA WHISTLEBLOWER PROTECTION PROGRAM

January 17th, 2009

FEDERAL AVIATION ADMINISTRATION EMPLOYEES – FILING A WHISTLEBLOWER COMPLAINTS

Special rules govern whistleblower complaints for FAA employees. The information contained herein is not exhaustive, nor does it constitute legal advice, but is intended to provide an overview of whistleblower protections. Whistleblowers should consult with a whistleblower lawyer to obtain legal advice.

A complaint must be filed with the Department of Labor and/or the FAA within 90 days of the date of the discrimination or retaliation for the whistle blowing. The Secretary of Labor has delegated the authority to receive and process discrimination complaints to the Occupational Safety and Health Administration (OSHA), which is part of the Department of Labor. A personal remedy for discrimination is available to you only by filing a complaint with the U. S. Department of Labor, Occupational Safety and Health Administration (OSHA). You must file your complaint with the nearest OSHA Regional Office within 90 days of the date of the discriminatory conduct. To find the closet office: http://www.osha.gov/html/RAmap.html

Anonymous complaints cannot be processed under the Whistleblower Protection Program. If you would like to make an anonymous safety-only complaint, please use the FAA Safety Hotline.

Your complaint must include the following:

1. Your name, address, and telephone number;
2. The specific order, regulation, or standard of the FAA, or the specific provision of Federal law in question (if known);
3. The name of the person(s) who discharged or otherwise discriminated against you;
4. You must make one or more of the following allegations:

I provided, caused to be provided, or was about to provide, to my employer information about a violation of an order, regulation, or standard of the FAA or another provision of Federal law relating to air carrier safety.
I provided, caused to be provided, or was about to provide, to the Federal Government information about a violation of an order, regulation, or standard of the FAA or another provision of Federal law relating to air carrier safety.
I filed, caused to be filed, or was about to file or cause to be filed, a proceeding relating to a violation of an order, regulation, or standard of the FAA or another provision of Federal law relating to air carrier safety.
I testified or was about to testify in a proceeding relating to a violation of an order, regulation, or standard of the FAA or another provision of Federal law relating to air carrier safety.
I assisted or participated in, or was about to assist or participate in, a proceeding relating to a violation of an order, regulation, or standard of the FAA or another provision of Federal law relating to air carrier safety.

5. Any other facts, data, and applicable circumstances.

For legal counsel contact Whistleblower Attorney Gregory A. Hall at: WWW.AWHISTLEBLOWERLAWYER.COM

Gregory A. Hall
A Colorado Personal Injury Attorney
3570 E. 12th Avenue, Suite 200
Denver, CO 80206
Phone: 303-320-0584
Email: gregory@federallaw.com

If you only send your complaint to FAA you will not be eligible to receive any damages. To file your complaint with the FAA, you may use the Electronic Complaint Form found on the FAA’s website, or mail your complaint to:

Federal Aviation Administration
Whistleblower Protection Program
800 Independence Avenue, SW
Room 831
Washington, DC 20591
For more information:
>http://www.faa.gov/safety/programs_initiatives/aircraft_aviation/whistleblower/complaint/

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DAMAGES UNDER COLORADO LAW FOR AUTO ACCIDENT VICTIMS

January 17th, 2009

DENVER PERSONAL INJURY LAWYER

COMPENSATION FOR INJURIES SUFFERED IN AN AUTO ACCIDENT

In Colorado, the driver who is at fault in the auto accident is primarily responsible for the cost of compensating the persons hurt in the accident who are not at fault. If you are hurt by a negligent driver in Colorado, you are entitled to compensation for your losses and expenses, including:

Medical expenses
Lost wages
Loss of earning capacity
Repair costs
Emotional trauma, mental anguish
Pain and suffering
Physical or mental disability
Embarrassment and humiliation
Disfigurement and permanent scars
Loss of enjoyment
Loss of love and affection
Out of pocket expenses relating to the accident
Loss of home services, such as inability to maintain the upkeep of your home

UNINSURED AND UNDERINSURED MOTORIST (UIM) COVERAGE IN COLORADO

If the at fault driver does not have enough insurance or assets to cover your losses, then you may have to make a claim for uninsured (UI) or under-insured motorist (UIM) benefits from your own insurance company. Colorado requires your auto insurance company to offer you UI and UIM coverage. It almost never makes sense to deny or opt out of this coverage, so contact your insurance agent and make sure that your policy includes UI and UIM coverage and make sure you have sufficient bodily injury limits on your policy.

If you or a loved one has been injured in an auto accident, contact Colorado Personal Injury Attorney Greg Hall at:

http://acoloradopersonalinjurylawyer.com

Gregory A. Hall
A Colorado Personal Injury Attorney
3570 E. 12th Avenue, Suite 200
Denver, CO 80206
Phone: 303-320-0584
Email: gregory@federallaw.com

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COLORADO PERSONAL INJURY LAW – DAMAGES FOR AN AUTO ACCIDENT

January 17th, 2009

DENVER PERSONAL INJURY LAWYER WHAT DAMAGES DOES COLORADO PERSONAL INJURY LAW PROVIDE? The financial cost for an auto accident in the state of Colorado is the responsibility of the insurance company that covers the driver who is at fault. If you are hurt by a negligent driver, you can expect compensation for your losses and expenses, including:

Medical expenses
Lost wages
Loss of earning capacity
Repair costs
Emotional trauma, mental anguish
Pain and suffering
Physical or mental disability
Embarrassment and humiliation
Disfigurement and permanent scars
Loss of enjoyment
Loss of love and affection
Out of pocket expenses relating to the accident
Loss of home services, such as inability to maintain the upkeep of your home

If you or a loved one has been injured in an auto accident, contact Colorado Personal Injury Attorney Gregory Hall in Denver, Colorado at: http://acoloradowrongfuldeathattorney.com Gregory A. Hall A Colorado Personal Injury Attorney 3570 E. 12th Avenue, Suite 200 Denver, CO 80206 Phone: 303-320-0584 Email: gregory@federallaw.com

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Do You Have a False Claims Act Claim?

January 17th, 2009

The False Claims Act is found at 31 U.S.C. §§ 3729-33. Fundamentally, a False Claims Act case involves proving that someone cheated the Federal Government out of $250,000.00 or more. To bring a claim you must have personal knowledge that someone is cheating the Federal Government out of more than $250,000.00. Most often claims involve overcharging for a product, failing to perform a service, delivering less than the promised amount of goods or services, underpaying money owed to the government, and charging for one thing but delivering another, to list just a few examples. The legal definitions of a false claim can be found at 31 U.S.C. § 3729.

To bring a claim, you must have some way to independently verify the fraud, in other words, you must have hard evidence showing that fraud occurred: A claim cannot be based on mere suspicions. The more documentation you have establishing fraud, the more likely a private attorney and the Federal government will be interested in your case. FCA cases often involve frauds not apparent to the untrained eye, which is why they may remain undetected by the government. If you discovered the fraud, then your participation in the qui tam law suit is critical to the prosecution. Billing records, for example, may scream “fraud!” to someone with specialized knowledge, but look perfectly legitimate to others. A whistleblower should be prepared to show how the fraud works, and explain how the evidence reveals a pattern of fraud against the federal government (or any one of the 13 states with their own False Claims Act laws).
Your claim will be barred if you learned about the fraud from the media or from other public documents or if the fraud occurred more than six years ago. Moreover, the FCA does not cover tax fraud.

To talk to a lawyer about your potential False Claims Act case contact Whistleblower Attorney Gregory A. Hall at: <a href=”http://www.awhistleblowerlawyer.com/”>WWW.AWHISTLEBLOWERLAWYER.COM </a>

Gregory A. Hall
Law Office of Gregory A. Hall
3570 E. 12th Avenue
Denver, CO 80206
Phone: 303-320-0584
Email: <a href=”mailto:gregory@federallaw.com”>gregory@federallaw.com</a>

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Whistleblower Protections in the Consumer Product Safety Improvement Act

January 15th, 2009

The U.S. Congress passed the Consumer Product Safety Improvement Act of 2008 (H.R. 4040) which includes Whistleblower protection for employees in the retail and manufacturing sectors who report product safety violations under the CPS Act. The CPS Act specifically allows for jury trials.

Under the CPS Act, employees of manufacturers, private labelers, distributors and retailers are protected from discrimination, discharge or retaliation because:

<ul>
<li>They provided information related to a violation of, or any act or omission they reasonably believe to be a violation of any provision of the Act or any other law enforced by the Consumer Product Safety Commission;</li>
</ul>

<ul>
<li>They testified or were about to testify in a proceeding concerning such a violation;</li>
</ul>

<ul>
<li>They assisted or participated in, or were about to assist or participate in, such a proceeding; or</li>
</ul>

<ul>
<li>They objected to, or refused to participate in, any activity, policy, practice or assigned task that they (or other such persons) reasonably believed to be a violation of any provision of the Act or any other law enforced by the Commission, or any order, rule, regulation, standard, or ban under such laws.</li>
</ul>

An employee (whistleblower) who been discharged or otherwise discriminated against in violation of the CPS Act may want to consult with an attorney experienced with whistleblower claims. The whistleblower may file a complaint with the Secretary of Labor of the Department of Labor, who has authority to investigate, determine whether there is any reasonable cause to believe a violation has occurred, conduct a hearing, and order relief.

If the Secretary concludes a violation has occurred, the Secretary may order relief to the complainant in the form of abatement of the violation, job reinstatement, compensatory damages, and costs and expenses (including attorneys’ and expert witness fees). If the Secretary concludes the complaint was frivolous or has been brought in bad faith, the Secretary may award the prevailing employer a reasonable attorneys’ fee, not to exceed $1,000, to be paid by the complainant. The Secretary may file a civil action for noncompliance with one of its orders.

The complainant may bring an action in federal court if the Secretary has not issued a final decision within a prescribed time. The court may grant all relief necessary to make the employee whole, including injunctive relief and compensatory damages, including reinstatement, back pay with interest, and litigation costs, expert witness fees, and reasonable attorney’s fees.
Section 219. Whistleblower Protections
Basic Summary:
Section 219 establishes new whistleblower protections for employees of manufacturers, private labelers, distributors, or retailers of consumer products. Covered employees are protected from discharge or any other form of retaliation resulting from the employee’s provision to the employer, the Federal Government, or a State attorney general of information relating to any violation of statutes or regulations enforced by the CPSC. The whistleblower protections in new Section 40 of the Consumer Product Safety Act do not extend to government employees.
An employee of a manufacturer, private labeler, distributor, or retailer of consumer products who believes he or she has suffered an adverse employment action as a result of the employee’s provision of information relating to a violation of statutes or regulations enforced by the CPSC may file a complaint with the Secretary of Labor seeking redress. A complaint setting forth the facts and identifying the responsible party must be filed with the Secretary of Labor no later than 180 days after the date on which the violation occurs.
Effective Date: This provision became effective upon enactment, August 14, 2008.

For more information on the CPSIA contact the Consumer Product Safety Commission at : <a href=”http://www.cpsc.gov/cgibin/newleg.aspx”>http://www.cpsc.gov/cgibin/newleg.aspx</a> 
For legal counsel contact Whistleblower Attorney Gregory A. Hall at: <a href=”http://www.awhistleblowerlawyer.com/”>WWW.AWHISTLEBLOWERLAWYER.COM</a>

Gregory A. Hall
Law Office of Gregory A. Hall
3570 E. 12th Avenue, Suite 200
Denver, CO 80206
Phone: 303-320-0584
Email: <a href=”mailto:gregory@federallaw.com”>gregory@federallaw.com</a>

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DENVER CIVIL RIGHTS LAWYER

January 14th, 2009

FAQ’s About Civil Rights
Q. What are Civil Rights?
 
A. Civil Rights refer to a class of rights that concern protecting peoples’ constitutional rights and protecting people from discrimination based on their race, national origin, gender, religion, disability, age, or sexual orientation. Laws that deal with these protections are generally referred to as Civil Rights Laws, many of which are discussed below. Civil rights guaranteed by the U.S. Constitution include freedom of religion, freedom of the press, freedom from unreasonable search and seizure, freedom to vote, the right to due process, and equal protection of the laws.

Q. What is Title VII of the Civil Rights Act of 1964?
 
A. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., prohibits discrimination in employment on the basis of race, sex, national origin and religion. It also is unlawful under the Act for an employer to take retaliatory action against any individual for opposing employment practices made unlawful by Title VII or for filing a discrimination charge or for testifying or assisting or participating in an investigation, proceeding, or hearing under Title VII. 
 
Q. Who is responsible for enforcing Title VII of the Civil Rights Act of 1964?
 
A. The Equal Employment Opportunity Commission(EEOC) enforces Title VII against private employers and the Employment Litigation Section, Civil Rights Division, U.S. Department of Justice enforces Title VII against state and local government employers. However, individuals who believe that they have been victims by any employer of discrimination prohibited by Title VII must file a charge of discrimination with the EEOC in order to protect their rights. The EEOC is responsible for investigating individual charges of discrimination alleging a violation of Title VII. For more information on filing a charge of discrimination, go to: <a href=”http://www.eeoc.gov/”>www.eeoc.gov</a> 
 
Q. What is Title I of the Americans with Disabilities Act?
 
A. Title I of the Americans with Disabilities Act of 1990 (the “ADA”), as amended, 42 U.S.C. §12111, et seq., prohibits discrimination in employment against a qualified individual with a disability because of the disability. It also is unlawful under the Act for an employer to take retaliatory action against any individual for opposing employment practices made unlawful by the ADA or for filing a discrimination charge or for testifying or assisting or participating in an investigation, proceeding, or hearing under the ADA. Title I of the ADA designates the EEOC as the federal agency primarily responsible for investigating individual charges of discrimination under the Act. If you believe that you have been discriminated against in employment in violation of the ADA, you should contact the EEOC. The Americans with Disabilities Act Home Page contains useful information about the entire ADA, as does the following number: 1-800-514-0301; 1-800-514-0383 (TDD).
 
Q.Who is responsible for enforcing Title I of the Americans with Disabilities Act?
 
A. The Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA against private employers and the Disability Rights Section, Civil Rights Division, U.S. Department of Justice enforces Title I of the ADA against state and local government employers. Title I of the ADA designates the EEOC as the federal agency primarily responsible for investigating individual charges of discrimination under the Act. If you believe that you have been discriminated against in employment by any employer in violation of the ADA, you should contact the EEOC. The Americans with Disabilities Act Home Page contains useful information about the entire ADA, as does the following number: 1-800-514-0301; 1-800-514-0383 (TDD)..
 
Q. What can an individual do if s/he believes that s/he has been discriminated against in employment in violation of Title VII?
 
A. That individual should contact the Equal Employment Opportunity Commission (EEOC) to find out whether s/he may file a charge. Congress has designated the EEOC as the federal agency responsible for investigating individual charges of discrimination under Title VII. Individuals who are federal employees, or applicants for employment with a federal agency, must file a charge with the equal opportunity office of the federal agency that engaged in the discriminatory conduct against the federal employee or applicant for federal employment. For more information about how a federal employee or applicant must file a complaint visit: <a href=”http://www.eeoc.gov/facts/fs-fed.html”>http://www.eeoc.gov/facts/fs-fed.html</a> 
 
Q. Is there a time limit involved with respect to filing a charge of discrimination with the EEOC under Title VII?
 
A. Yes. Title VII imposes severe time limits for the filing of charges of discrimination. The EEOC can provide you with further information on this subject. In most instances, a charge must be filed within 300 days of the act of discrimination, including Colorado. In some states, however, the charge must be filed within 180 days of the act of discrimination. NOTE: Federal employees only have 45 days from the date of discrimination to contact an EEO Counselor at the federal agency that engaged in the discriminatory conduct. For more information about how a federal employee or applicant must file a complaint visit: <a href=”http://www.eeoc.gov/facts/fs-fed.html”>http://www.eeoc.gov/facts/fs-fed.html</a>
 
Q. If I have filed a charge with the EEOC and want a notice of right to sue, which agency will issue it to me?
 
A. The Employment Litigation Section, through its right to sue unit, issues notices of right to sue requested by charging parties, upon receipt of appropriate documentation from the EEOC, on charges that have been filed with the EEOC against state and local government employers under Title VII and the Americans with Disabilities Act, except in those instances in which the EEOC has dismissed the charge. If the charge has been filed against a private employer or a union, only the EEOC has authority to issue a notice of right to sue. Also, only the EEOC has authority to issue a notice of right to sue under the Age Discrimination in Employment Act of 1967, regardless of whether the respondent named in the charge is a state or local government employer or a private employer or a union. If you have filed a charge under Title VII or the Americans with Disabilities Act against a state or local government employer and want a notice of right to sue, you may make your request in writing either to the office of the EEOC where you filed the charge or to the Employment Litigation Section. 
 
Q. What is the Age Discrimination In Employment Act?
 
A. The Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq. (the “ADEA”), prohibits discrimination in employment on the basis of age with respect to individuals who are 40 years of age or older. Congress has designated the EEOC as the federal agency responsible for investigating individual charges of discrimination under the ADEA. If you believe that you have been discriminated against in violation of the ADEA, you should contact the EEOC to find out whether you may file a charge.
 
Q. What is Title VI of the Civil Rights Act of 1964?
 
A. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, et seq. (“Title VI”), prohibits discrimination on the basis of race, color or national origin in any program or activity receiving federal financial assistance. Title VI confers primary responsibility for the enforcement of its provisions on those federal agencies extending financial assistance to the program or activity. The federal agency that extends the financial assistance can be contacted to find out how you may file a complaint under Title VI.
 
Q. What is the Rehabilitation Act of 1973?
 
A. Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §791, (“Section 501″), requires departments and agencies of the federal government to have an affirmative action program plan for the hiring, placement, and advancement of individuals with disabilities. The Department of Justice does not have authority under that Act to investigate the employment practices of other departments or agencies of the federal government. The procedure for filing a charge of employment discrimination against a department or agency of the federal government is to contact an equal employment opportunity officer at that agency who is authorized to receive and investigate such a charge.
 
Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §793, (“Section 503″), requires contractors with the federal government to take affirmative action to employ and advance in employment qualified individuals with disabilities. The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is the federal agency responsible for investigating individual charges of discrimination under Section 503.
 
Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §794, (“Section 504″), prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance. Section 504 confers primary responsibility for the enforcement of its provisions on those federal agencies extending financial assistance to the program or activity.
 
Q. What is the Omnibus Crime Control and Safe Streets Act of 1968?
 
A. Recipients of federal funding for law enforcement under the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 U.S.C. § 3789d, are prohibited by that statute from discriminating on the basis of race, color, religion, national origin, or sex in any program or activity receiving federal financial assistance. Primary responsibility for the enforcement of the anti-discrimination provision of the Act rests with the Office for Civil Rights of the Office of Justice Programs in the Department of Justice. This office may be reached at (202)307-0690.
 
Q. What is the Vietnam Era Veterans’ Readjustment Assistance Act of 1974?
 
A. Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. §4212, (“VEVRAA”), requires contractors with the federal government to take affirmative action to employ and advance in employment qualified disabled and Vietnam era veterans. The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is the federal agency responsible for investigating individual charges of discrimination under the VEVRAA.
 
Q. What is the Uniformed Services Employment and Reemployment Rights Act of 1994?
 
A. The Uniformed Services Employment and Reemployment Rights Act seeks to ensure that members of the uniformed services are entitled to return to their civilian employment upon completion of their active duty military service. The National Committee for Employer Support of the Guard and Reserve (ESGR)is an agency within the Office of the Assistant Secretary of Defense for Reserve Affairs. It was established in 1972 to promote cooperation and understanding between Reserve component members and their civilian employers and to assist in the resolution of conflicts arising from an employee’s military commitment. Any questions regarding uniformed service employment rights should be addressed to the ESGR at (800) 336-4590.
 
Q. Who is responsible for handling private pension plan complaints?
 
A. The U.S. Department of Labor’s Pension and Welfare Benefits Administration is responsible for regulating private pension plans. 
 
Q. Who is responsible for handling Workers’ Compensation complaints?
 
A. The U.S. Department of Labor’s Office of Workers’ Compensation Programs (“OWCP”) is responsible for regulating workers’ compensation issues involving federal workers. All other complaints are handled by the particular state involved.
 
Q. What is Executive Order 11246?
 
A. Executive Order 11246, as amended, prohibits discrimination in employment by contractors with the federal government on the basis of race, color, sex, religion, or national origin. The Office of Federal Contract Compliance Programs (OFCCP) of the U.S. Department of Labor is the federal agency responsible for investigating individual charges of discrimination under Executive Order 11246.
 
For legal cousnel contact a Denver Civil Rights Lawyer: <a href=”http://www.DENVERCIVILRIGHTSLAWYER.COM”>WWW.DENVERCIVILRIGHTSLAWYER.COM </a>

<div></div>

Gregory A. Hall
A Colorado Civil Rights Attorney
3570 E. 12th Avenue, Suite 200
Denver, CO 80206
Phone: 303-320-0584
Email: <a href=”mailto:gregory@federallaw.com”>gregory@federallaw.com</a>

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